Bineesh T.F vs State Of Kerala
2024 Latest Caselaw 12078 Ker

Kerala High Court

Bineesh T.F vs State Of Kerala on 10 May, 2024

Author: Murali Purushothaman

Bench: Murali Purushothaman

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
           THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
        FRIDAY, THE 10TH DAY OF MAY 2024 / 20TH VAISAKHA, 1946
                       WP(C) NO. 17204 OF 2024
PETITIONER:

            BINEESH T.F, AGED 36 YEARS,
            S/O FRANCIS T.J,
            NOW RESIDING AT THOTTAPILLY HOUSE,
            BEHIND GOVERNMENT HOMEO HOSPITAL,
            PULLEPPADY, ERNAKULAM, PIN - 682017.

            BY ADVS.
            ASHISH GOPAL K.G
            T.G.SUNIL (PERUMBAVOOR)
            SYAM K.P.
            NIKITA NAIR C.S.


RESPONDENTS:

    1       STATE OF KERALA,
            REPRESENTED BY SECRETARY,
            SECRETARIAT, DEPARTMENT OF AGRICULTURE,
            THIRUVANANTHAPURAM DISTRICT,
            PIN - 695001.

    2       THE DISTRICT COLLECTOR, COLLECTORATE,
            CIVIL STATION, ERNAKULAM, PIN - 682030.

    3       THE REVENUE DIVISIONAL OFFICER
            FORT KOCHI, ERNAKULAM DISTRICT,
            PIN - 682001.

    4       THAHSILDAR, KANAYANNUR TALUK OFFICE,
            PARK AVENUE ROAD, ERNAKULAM DISTRICT,
            PIN - 682011.

    5       TALUK SURVEYOR, KANAYANNUR TALUK OFFICE,
            PARK AVENUE ROAD, ERNAKULAM DISTRICT,
            PIN - 682011.

    6       THE VILLAGE OFFICER,
            ELAMKULAM VILLAGE OFFICE,
            GANDHI NAGAR ROAD, KADAVANTHRA,
            ERNAKULAM DISTRICT, PIN - 682020.
 WP(C) NO. 17204 OF 2024
                                   -2-

    7          AGRICULTURAL OFFICER,
               AGRICULTURAL OFFICE,
               CIVIL STATION, KAKKANAD,
               ERNAKULAM, PIN - 682030.

            GP SRI B S SYAMANTHAK


        THIS    WRIT   PETITION    (CIVIL)   HAVING   COME    UP    FOR
ADMISSION       ON   10.05.2024,   THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 17204 OF 2024
                               -3-

                         JUDGMENT

The petitioner is the absolute owner of

an extent of 1.62 Ares of property comprised

in Survey No.289/6 in Block No.1 of Elamkulam

Village, Kanayannur Taluk in Ernakulam

District.

2. The petitioner has approached this

Court seeking a direction to the 3rd

respondent, RDO to consider and dispose of

Ext.P2 application in Form 5 filed under Rule

4(d) of the Kerala Conservation of Paddy Land

and Wetland Rules, 2008 (hereinafter referred

to as 'the Rules').

3. Ext.P2 being a statutory application

under the Rules, the competent authorities

have a bounden duty to consider the same in

accordance with law within a reasonable time. WP(C) NO. 17204 OF 2024

Having heard the learned counsel for the

petitioner and the learned Government

Pleader, this writ petition is disposed of

directing the 7th respondent, the Agricultural

Officer, to submit a report as contemplated

under Rule 4(e) of the Rules to the RDO

within two months from the date of receipt of

a copy of this judgment. The RDO shall

dispose of Ext.P2 application, as

expeditiously as possible, at any rate,

within a period of three months from the date

of receipt of the report from the

Agricultural Officer. The timelines as above

shall be strictly complied with by the

respective officers. In case the report has

already been submitted by the Agricultural

Officer, the RDO shall dispose of Ext.P2

within the time limit specified earlier. The WP(C) NO. 17204 OF 2024

petitioner shall produce a copy of this

judgment along with the copy of this writ

petition before the Agricultural Officer

concerned for due compliance.

Sd/-

MURALI PURUSHOTHAMAN JUDGE akv WP(C) NO. 17204 OF 2024

APPENDIX OF WP(C) 17204/2024

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF LAND TAX RECEIPT DATED 04/05/2024 ISSUED BY THE 6TH RESPONDENT

EXHIBIT P2 TRUE COPY OF THE FORM 5 APPLICATION NO. 74/2022/255165 SUBMITTED BY THE PETITIONER WITH RESPECT TO 1.62 ARES OF PROPERTY, COMPRISED IN SURVEY. NO 289/6 OF ELAMKULAM VILLAGE, ERNAKULAM DISTRICT, FILED BEFORE 3RD RESPONDENT DATED 05/08/2022